AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 99

REPLY to opposition to motion re #69 MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment and Permanent Injunction filed by PUBLIC.RESOURCE.ORG, INC.. (Attachments: #1 [Public Redacted] Reply Declaration of Matthew Becker In Further Support of Defendant's Motion for Summary Judgment, #2 [Public Redacted] Defendant's Objections to Plaintiffs' Supplemental Evidence, #3 Supplemental Request for Judicial Notice, #4 [Public Redacted] Objections to Plaintiffs' Supplemental Evidence, #5 Exhibit 75 [Sealed Placeholder], #6 Exhibit 76 [Sealed Placeholder], #7 Exhibit 77 [Sealed Placeholder], #8 Exhibit 78 [Sealed Placeholder], #9 Exhibit 79 [Sealed Placeholder], #10 Exhibit 80 [Sealed Placeholder], #11 Exhibit 81, #12 Exhibit 82, #13 Exhibit 83)(Bridges, Andrew)

EXHIBIT 82

Accessibility of State and Local Government Websites to People with Disabilities

U.S. Department of Justice
Civil Rights Division
Disability Rights Section

Accessibility of State and Local Government Websites
to People with Disabilities

The Internet is dramatically changing the way
that American government serves the public.
Taking advantage of new technology, many
State and local governments are using the web
to offer citizens a host of services including:

These government websites are important
because they:
allow programs and services to be offered
in a more dynamic, interactive way,
increasing citizen participation;

corresponding online with local officials;
providing information about government
services;
renewing library books or driver’s licenses;
providing tax information and accepting tax
returns; and
applying for jobs or benefits.

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increase convenience and speed in
obtaining information or services;
reduce costs in providing programs and
information about government services;
reduce the amount of paperwork; and
expand the possibilities of reaching new
sectors of the community or offering new
programs.

Accessibility of State and Local Government Websites to People with Disabilities

Local government websites provide important information and services to citizens

When government is constantly being asked to do more with less, the Internet is playing a vital role
in allowing government to better serve all of its citizens.
The Americans with Disabilities Act (ADA) and, if the government entities receive Federal funding,
the Rehabilitation Act of 1973, generally require that State and local governments provide qualified
individuals with disabilities equal access to their programs, services, or activities unless doing so
would fundamentally alter the nature of their programs, services, or activities or would impose an
undue burden. One way to help meet these requirements is to ensure that government websites
have accessible features for people with disabilities, using the simple steps described in this
document. An agency with an inaccessible website may also meet its legal obligations by providing
an alternative accessible way for citizens to use the programs or services, such as a staffed
telephone information line. These alternatives, however, are unlikely to provide an equal degree of
access in terms of hours of operation and the range of options and programs available. For
example, job announcements and application forms, if posted on an accessible website, would be
available to people with disabilities 24 hours a day, 7 days a week.

Online Barriers Faced By People with Disabilities
Many people with disabilities use “assistive technology” to enable them to use computers and
access the Internet. Blind people who cannot see computer monitors may use screen readers –
devices that speak the text that would normally appear on a monitor. People who have difficulty
using a computer mouse can use voice recognition software to control their computers with verbal
commands. People with other types of disabilities may use still other kinds of assistive technology.
New and innovative assistive technologies are being introduced every day.
Poorly designed websites can create unnecessary barriers for people with disabilities, just as poorly
designed buildings prevent some from entering. Designers may not realize how simple features
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Accessibility of State and Local Government Websites to People with Disabilities

built into a web page will assist someone who, for instance, cannot see a computer monitor or use a
mouse.
One example of a barrier would be a photograph of a Mayor on a town website with no text
identifying it. Because screen readers cannot interpret images unless there is text associated with
it, a blind person would have no way of knowing whether the image is an unidentified photo or logo,
artwork, a link to another page, or something else. Simply adding a line of simple hidden computer
code to label the photograph “Photograph of Mayor Jane Smith” will allow the blind user to make
sense of the image.

Accessible Design Benefits Everyone
When accessible features are built into web pages, websites are more convenient and more
available to everyone – including users with disabilities. Web designers can follow techniques
developed by private and government organizations to make even complex web pages usable by
everyone including people with disabilities. For most websites, implementing accessibility features
is not difficult and will seldom change the layout or appearance of web pages. These techniques
also make web pages more usable both by people using older computers and by people using the
latest technologies (such as personal digital assistants, handheld computers, or web-enabled
cellular phones).
With the rapid changes in the Internet and in assistive technologies used by people with disabilities
to access computers, private and government organizations have worked to establish flexible
guidelines for accessible web pages that permit innovation to continue.

Resources for Web Developers
To make web pages accessible, the web developer needs to know about web page features that
can make a web page less accessible or more accessible. Information about such features is easily
available and many software developers are adding tools to web development software to make it
easier to make web pages accessible.
Two important resources provide guidance for web developers designing accessible web pages.
One is the Section 508 Standards, which Federal agencies must follow for their own new web
pages. To learn more about the Section 508 Standards:
The Access Board maintains information on its website at www.access-board.gov and has a
useful guide for web developers at www.access-board.gov/sec508/guide/1194.22.htm;
The Department of Justice has information about accessible web page design in an April 2000
report to the President. This report is available at www.usdoj.gov/crt/508/report/content.htm,
and
The General Services Administration hosts an online course for web developers interested in
accessible web design. This program was developed in conjunction with the Access Board,
the Department of Justice, and the Department of Education and provides an interactive
demonstration of how to build accessible web pages. This course is available at
www.section508.gov, which also provides information about the Federal government’s

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Accessibility of State and Local Government Websites to People with Disabilities

information to increase accessibility.

1 Web pages are written using a language called HTML (or “hypertext markup language”). HTML is a “markup language” that tells

a computer program (called a “browser”) how information will appear or will be arranged on a computer screen. HTML
tags are specific instructions understood by a web browser or screen reader. (back)

Examples of Accessible Features for Websites

Notes:

1. When navigation links are used, people who use a screen reader must listen to all the links
before proceeding. A skip navigation link provides a way to bypass the row of navigation links by
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Accessibility of State and Local Government Websites to People with Disabilities

jumping to the start of the web page content. (back)

2. All images and graphics need to have an alt tag or long description. (back)
3. Use alt tags for image maps and for graphics associated with the image map so that a person
using a screen reader will have access to the links and information. (back)

4. Some photos and images contain content that cannot be described with the limited text of an alt
tag. Using a long description tag provides a way to have as much text as necessary to explain the
image so it is accessible to a person using a screen reader but not visible on the web page. (back)

5. Text links do not require any additional information or description if the text clearly indicates what
the link is supposed to do. Links such as “click here” may confuse a user. (back)

6. When tables with header and row identifiers are used to display information or data, the header
and row information should be associated with each data cell by using HTML so a person using a
screen reader can understand the information. (back)

7. A link with contact information provides a way for users to request accessible services or to make
suggestions. (back)

For More Information
Technical Information Regarding Web Accessibility
For technical assistance regarding Section 508 Standards and how to make web pages accessible
to people with disabilities, please contact the Access Board:
800-872-2253 (voice)
800-993-2822 (TTY)

Information about the ADA
The Department of Justice provides technical assistance to help State and local governments
understand and comply with the ADA. An important source of ADA information is the Department’s
ADA Home Page on the World Wide Web. This extensive website provides access to ADA
regulations; all Department ADA technical assistance materials, including newly-released
publications; proposed changes in the ADA regulations; and access to Freedom of Information Act
materials, including technical assistance letters. The website also provides links to other Federal
agencies with ADA responsibilities.

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Accessibility of State and Local Government Websites to People with Disabilities

In addition, the Department of Justice operates a toll-free ADA Information Line that provides
access to ADA specialists during business hours.
ADA Information Line
800-514-0301 (voice)
800-514-0383 (TTY)

Reproduction
Reproduction of this document is encouraged.

June 2003

The Attorney General has determined that publication of this periodical is necessary in the
transaction of the public business required by law of the Department of Justice.

PDF Screen Version of this Document
PDF Print Version of this Document

Last updated: October 09, 2008

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